Olinger Wins Right To Ride Cart In U.S. Open Qualifier
July 28, 2016 at 4:25 p.m.
SOUTH BEND - A Warsaw man won his dream Friday afternoon - the chance to play in a qualifying round for the U.S. Open, despite his disability.
Ford Olinger was granted a temporary injunction against the U.S. Golf Association in U.S. District court allowing him to use a golf cart at the local qualifier Monday at the South Bend Country Club. Olinger suffers from a degenerative hip disease that makes walking painful.
The USGA argued that Olinger should not be allowed any different treatment then the other golfers and should not play if he could not walk the 18 holes. Olinger said he suffers from avascular necrosis.
The temporary injunction will allow Olinger to play Monday. If he is successful, he will travel to Orlando, Fla. to play in a 36-hole sectional qualifier on June 8.
"I am very overjoyed about it," Olinger said of the decision to allow him to use the golf cart. He said the pain is "too immense" for him to walk through the course. As he walked from the witness stand to the table, Olinger limped heavily.
Federal Judge Robert A. Miller said not allowing Olinger to play in the qualifier would cause "irreparable harm" to Olinger both financially and personally.
Olinger asked for the same exemption as Casey Martin, who successfully sued the PGA this year to use a golf cart because of his withered leg.
"It did influence me," Olinger said of Martin's case. "It was good Casey already did it - it made the ground a little easier."
The USGA initially ruled that the cart exemption applied only to Martin and denied Olinger's request. Olinger filed suit Thursday claiming "unlawful discriminatory practices in failing and refusing to provide a reasonable accommodation ..."
Two attorneys for the USGA argued that they do not own or operate the course for the tournaments, so they are not required by the Americans with Disabilities Act to provide means for Olinger.
If Olinger does well at the qualifier, he will need another injunction to use the cart at the sectional.
They will meet Olinger at another hearing May 26 to determine if he can use a cart in future tournaments. If he does not qualify for the sectional, it is possible Olinger could drop his suit.
Miller said if Olinger does not qualify for the sectional, the attorneys will meet with Miller to decide the status of the case.
The USGA attorneys also said that allowing Olinger to use a cart would give him an unfair advantage over other golfers.
A USGA committee member testified in court that walking the course adds to the mental and physical fatigue of golf.
Dr. Trey Holland said that by the end of the course, golfers are tired from walking at least 18 holes, and fatigue can affect their concentration. But, if Olinger is allowed to ride in a cart, he would be less fatigued and more focused, Holland said.
Olinger disagreed. He said that riding would not be an advantage to him because walking allows him to "get into the rhythm." He said walking allows him "more of a feel, a rhythm, a sense of competition" as well as giving him a feel of the golf course.
After the injunction was granted, Lee Abrams, one of the USGA's attorneys, said they would try to win this case if it progressed to discourage more of the same cases from being filed.
"We are disappointed and looking forward to the next time," Abrams said.
The USGA accepted Olinger's application for the U.S. Open qualifier but did not immediately respond to his request to use a golf court, Olinger said. When they did respond, they denied the request causing Olinger to file for the injunction. [[In-content Ad]]
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SOUTH BEND - A Warsaw man won his dream Friday afternoon - the chance to play in a qualifying round for the U.S. Open, despite his disability.
Ford Olinger was granted a temporary injunction against the U.S. Golf Association in U.S. District court allowing him to use a golf cart at the local qualifier Monday at the South Bend Country Club. Olinger suffers from a degenerative hip disease that makes walking painful.
The USGA argued that Olinger should not be allowed any different treatment then the other golfers and should not play if he could not walk the 18 holes. Olinger said he suffers from avascular necrosis.
The temporary injunction will allow Olinger to play Monday. If he is successful, he will travel to Orlando, Fla. to play in a 36-hole sectional qualifier on June 8.
"I am very overjoyed about it," Olinger said of the decision to allow him to use the golf cart. He said the pain is "too immense" for him to walk through the course. As he walked from the witness stand to the table, Olinger limped heavily.
Federal Judge Robert A. Miller said not allowing Olinger to play in the qualifier would cause "irreparable harm" to Olinger both financially and personally.
Olinger asked for the same exemption as Casey Martin, who successfully sued the PGA this year to use a golf cart because of his withered leg.
"It did influence me," Olinger said of Martin's case. "It was good Casey already did it - it made the ground a little easier."
The USGA initially ruled that the cart exemption applied only to Martin and denied Olinger's request. Olinger filed suit Thursday claiming "unlawful discriminatory practices in failing and refusing to provide a reasonable accommodation ..."
Two attorneys for the USGA argued that they do not own or operate the course for the tournaments, so they are not required by the Americans with Disabilities Act to provide means for Olinger.
If Olinger does well at the qualifier, he will need another injunction to use the cart at the sectional.
They will meet Olinger at another hearing May 26 to determine if he can use a cart in future tournaments. If he does not qualify for the sectional, it is possible Olinger could drop his suit.
Miller said if Olinger does not qualify for the sectional, the attorneys will meet with Miller to decide the status of the case.
The USGA attorneys also said that allowing Olinger to use a cart would give him an unfair advantage over other golfers.
A USGA committee member testified in court that walking the course adds to the mental and physical fatigue of golf.
Dr. Trey Holland said that by the end of the course, golfers are tired from walking at least 18 holes, and fatigue can affect their concentration. But, if Olinger is allowed to ride in a cart, he would be less fatigued and more focused, Holland said.
Olinger disagreed. He said that riding would not be an advantage to him because walking allows him to "get into the rhythm." He said walking allows him "more of a feel, a rhythm, a sense of competition" as well as giving him a feel of the golf course.
After the injunction was granted, Lee Abrams, one of the USGA's attorneys, said they would try to win this case if it progressed to discourage more of the same cases from being filed.
"We are disappointed and looking forward to the next time," Abrams said.
The USGA accepted Olinger's application for the U.S. Open qualifier but did not immediately respond to his request to use a golf court, Olinger said. When they did respond, they denied the request causing Olinger to file for the injunction. [[In-content Ad]]